Section 34510.5 Of Division 14.8. Safety Regulations From California Vehicle Code >> Division 14.8.
34510.5
. (a) (1) A broker of construction trucking services, as
defined in Section 3322 of the Civil Code, shall not furnish
construction transportation services to any construction project
unless it has secured a surety bond of not less than fifteen thousand
dollars ($15,000) executed by an admitted surety insurer. The surety
bond shall ensure the payment of the claims of a contracted motor
carrier of property in dump truck equipment if the broker fails to
pay the contracted motor carrier within the time period specified in
paragraph (1) of subdivision (a) of Section 3322 of the Civil Code.
(2) (A) A broker of construction trucking services annually shall
provide written evidence of the broker's valid surety bond to a
third-party nonprofit organization that is related to the industry
and regularly maintains a published database of bonded brokers or
post a current copy of the surety bond on the broker's Internet Web
site.
(B) When a copy of a surety bond is provided to a third-party
nonprofit organization, the broker shall notify the third-party
nonprofit organization if at any time the surety bond is cancelled or
expired. When a copy of the surety bond is posted on the broker's
Internet Web site, the broker shall remove the copy of the surety
bond from his or her Internet Web site if at any time the surety bond
is cancelled or expired.
(C) A third-party nonprofit organization shall not charge a broker
for posting evidence of a valid surety bond or limit the posting of
the bond only to the organization's members.
(D) A third-party nonprofit organization shall not be liable for
any damages caused by the publication of any information provided
pursuant to this paragraph that is erroneous or outdated.
(b) A broker of construction trucking services shall not hire, or
otherwise engage the services of, a motor carrier of property to
furnish construction transportation services unless the broker
provides, prior to the commencement of work each calendar year,
written evidence of the broker's valid surety bond to any person that
hires, or otherwise engages the services of, the broker to furnish
construction transportation services and also to the hired motor
carrier of property.
(c) A broker of construction trucking services who furnishes
construction transportation services in violation of this section is
guilty of a misdemeanor and subject to a fine of up to five thousand
dollars ($5,000).
(d) In any civil action brought against a broker of construction
trucking services by a motor carrier of property in dump truck
equipment with whom the broker contracted during any period of time
in which the broker did not have a surety bond in violation of this
section, the failure to have the bond shall create a rebuttable
presumption that the broker failed to pay to the motor carrier the
amount due and owing.
(e) For purposes of this section, "a broker of construction
trucking services" does not include a facility that meets all the
following requirements:
(1) Arranges for transportation services of its product.
(2) Primarily handles raw materials to produce a new product.
(3) Is a rock product operation (such as an "aggregate"
operation), a hot mixing asphalt plant, or a concrete, concrete
product, or Portland cement product manufacturing facility.
(4) Does not accept a fee for the arrangement.
(f) For the purposes of this section, "written evidence of the
broker's valid surety bond" includes a copy of the surety bond, a
certificate of insurance, a continuation certificate, or other
similar documentation originally issued from the surety that includes
the surety's and broker's name, the bond number, and the effective
and expiration dates of the bond.